An Abuja Division of the Court docket of Enchantment has nullified the judgement of the Federal Excessive Court docket, which barred the Impartial Nationwide Electoral Fee, INEC, from releasing voters register to the River State Impartial Electoral Fee, RSIEC, for the conduct of October 5 of the state native authorities polls.
Recall {that a} judgement delivered by Peter Lifu of the Abuja Division Federal Excessive Court docket had barred the INEC from releasing voters register to RSIEC for the conduct of the council election.
Mr Lifu, whereas delivering judgement within the go well with introduced earlier than him by the All Progressive Congress within the state, faulted RSIEC for fixing October 5 because the date for the conduct of the ballot when all related legal guidelines guiding the election had not been complied with.
He held that, “the Rivers State electoral physique violated provisions of the native authorities election conduct regulation by not publishing the obligatory 90-day discover earlier than fixing the date”.
The choose additionally held that the replace and revision of voters’ registers should have been concluded earlier than an election date could be legally and validly fastened in regulation.
The choose additionally barred RSIEC from accepting any voter register from INEC or utilizing it for the aim of the October 5 native authorities ballot.
The Court docket additional barred the Inspector Basic of Police and the Division of the State Service from offering safety for the conduct of the election.
Nevertheless, in a ruling delivered on Thursday by a particular panel of the Enchantment Court docket, held that the decrease courtroom lacked the jurisdiction to entertain the go well with.
The panel, led by Justice Onyekachi Otisi, famous that Part 28 of the Electoral Act doesn’t cowl elections performed by states, solely federal elections, governorships, and space council elections within the Federal Capital Territory.
The panel said that the “Electoral Act is just not relevant to native authorities elections, and the decrease courtroom lacks jurisdiction to entertain the attraction.”.
The panel additional said that the decrease courtroom was flawed to have ordered safety businesses to not perform their constitutional duties.
